Sessions v. Morales-Santana

Holding: (1) The gender line Congress drew in Section 1409(c) of the Immigration and Nationality Act -- which creates an exception for an unwed U.S.-citizen mother, but not for such a father, to the physical-presence requirement for the transmission of U.S. citizenship to a child born abroad -- is incompatible with the Fifth Amendment's requirement that the government accord to all persons "the equal protection of the laws"; and (2) because the Supreme Court is not equipped to convert Section 1409(c)'s exception into the main rule displacing other relevant provisions of the statute, it falls to Congress to select a uniform prescription that neither favors nor disadvantages any person on the basis of gender.

Judgment: Affirmed in part, reversed in part, and remanded, 8-0, in an opinion by Justice Ginsburg on June 12, 2017. Justice Thomas filed an opinion concurring in the judgment in part, in which Justice Alito joined. Justice Gorsuch took no part in the consideration or decision of the case.

Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in the judgment in part, in which Alito, J., joined. Gorsuch, J., took no part in the consideration or decision of this case.

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On Friday, April 3, Justice Stephen Breyer spoke to students at the United Nations International School in New York City. The justice gave his talk remotely via video call, while self-quarantining at home in Massachusetts with his wife and daughter.